POWERS AND DUTIES OF BOARD OF DIRECTORS
43-318. Sale of personal or real property — Procedure — Sale of federal or state license or permit. (1) Personal or real property of an irrigation district including a federal or state license or permit may be sold or transferred by its board of directors whenever the board finds and by resolution declares that the district no longer has use therefor. This procedure shall not be applicable to sales of real property acquired in compliance with the provisions of chapter 7, title 43, Idaho Code, because of the failure to pay irrigation district assessments.
1. If, in the opinion of the board, such property does not exceed fifty thousand dollars ($50,000) in value, it may sell the same without independent appraisal, notice or competitive bids.
2. Personal or real property, but not including a federal or state license or permit, exceeding fifty thousand dollars ($50,000) in estimated value shall first be appraised by three (3) disinterested freeholders of the district, who shall be selected by the board. It may then be sold at public or private sale to the highest bidder for cash at not less than its appraised value, after due notice.
3. Notice of sale shall describe the property, the appraised value thereof (by separate items, if so appraised), and the time, place and condition of sale.
4. If the appraised value exceeds fifty thousand dollars ($50,000), notice of sale shall be posted in three (3) public places in each of the election precincts in the district (one of which shall be the office of the board) at least ten (10) days before the date of sale. The board, in its discretion, may order that, in addition to such posting of notice, the notice shall be published in a daily or weekly newspaper, published or having a general circulation in the district, for the number of times, not to exceed three (3), and on the dates that the board shall specify in its order.
5. If, at the time set for closing the bids, no bidder offers the appraised price, or more, the board may sell the property for such price, and upon such terms, as the board by resolution declares to be reasonable, without further appraisal, notice or competitive bids.
(2) Whenever the board, by resolution, shall determine that the interest of the district in any federal or state license or permit is no longer required, it may, without independent appraisal or competitive bid, sell or transfer such federal license or permit upon such terms as may be fixed by the board; provided, that such resolution sets forth the license or permit to be sold or transferred and terms and conditions for sale or transfer, and provided further, that said resolution shall be published in a newspaper having general circulation in the district at least once a week for four (4) consecutive weeks preceding the date of sale; provided, however, that if within fifteen (15) days after the first publication of the resolution a referendum petition signed by qualified electors of the district equal in number to not less than ten percent (10%) of the electors of the district, based upon the aggregate vote cast at the general election of the directors of the district next preceding the filing of such petition, and at which election votes were cast in the election of directors, shall be filed with the secretary of the district requesting that an election be held upon the sale or transfer of such license or permit. Any election required to be held pursuant to a referendum petition filed in accordance with the provisions of this section, may be held separately or may be held concurrently with any other election authorized by law, pursuant to notice as provided in section 43-206, Idaho Code.
Any such election required to be held hereunder shall be called by resolution, which resolution shall also fix the date upon which such election shall be held, which shall be not more than forty-five (45) days following the receipt of petition requesting the election, the manner of holding the same and the method of voting for or against the sale or transfer. Such resolution shall also fix the compensation to be paid the officers of the election and shall designate the precincts and polling places and shall appoint for each polling place, from each precinct from the electors thereof, the officers of such election who shall constitute a board of election for each polling place, which officers shall consist of three (3) judges, one (1) of whom shall act as clerk. The description of precincts may be made by reference to any order or orders of the board of county commissioners of the county or counties in which the district or any part thereof is situated, or by reference to any previous order or resolution of the board or by detailed description of such precincts. Precincts established by the boards of the various counties may be consolidated for special elections held hereunder. In the event any such election shall be called to be held concurrently with any other election or shall be consolidated therewith, the resolution calling the election hereunder need not designate precincts or polling places or the names of officers of election, but shall contain reference to the act or order calling such other election and fixing the precincts and polling places and appointing election officers therefrom. The resolution calling the election shall prescribe an official notice of election, which notice shall be published once a week for two (2) consecutive weeks, the last publication of which shall be at least ten (10) days prior to the date set for said election, in a newspaper of general circulation printed and published within the district, and no other or further notice of such election or publication of the names of election officers or of the precincts or polling places need be given or made. At such election the ballots shall contain the words "Sale–Yes" or "Sale–No."
The respective election boards shall conduct the election in their respective precincts in the manner prescribed by law for the holding of district elections to the extent the same shall apply and shall make their returns to the secretary of the district.
In the event that no referendum petition is filed, or if so filed, and if it shall appear from the election returns that a majority of the qualified electors of the district who shall have voted on the proposition submitted hereunder at such election voted in favor of such proposition, the directors of the district shall, by resolution, authorize the sale or transfer under the terms prescribed and effective as of the end of the notice period hereinafter provided, and shall cause notice thereof to be published one (1) time in a newspaper of general circulation within the district. For a period of thirty (30) days from the date of such publication, any person in interest may file suit in any court of competent jurisdiction to test the regularity, formality or legality of the proceedings authorizing the sale or transfer and the provisions of the contract of sale or transfer. After the expiration of such thirty (30) day period, no one shall have any right of action to contest the validity of the sale or transfer, or of the contract, or of the proceedings, or of any resolution of the board of directors regarding such sale or transfer, and said sale or transfer shall be conclusively presumed to be legal and no court shall thereafter have authority to inquire into such matter.
[(43-318) 1921, ch. 242, sec. 1, p. 533; I.C.A., sec. 42-313; am. 1949, ch. 206, sec. 1, p. 432; am. 1967, ch. 76, sec. 1, p. 175; am. 1974, ch. 84, sec. 1, p. 1175; am. 1982, ch. 196, sec. 1, p. 523; am. 2014, ch. 125, sec. 1, p. 355.]